Springfield Drowning Accident Attorney
Drowning accidents are devastating, often leading to catastrophic injury or tragic loss. Whether the incident occurs in a swimming pool, lake, or bathtub, these cases frequently involve negligence — and victims or their families deserve justice. At Haxel Law, our Springfield drowning accident attorneys represent victims and their families throughout Illinois, helping them pursue compensation and accountability from those responsible.
Contact us for a free, confidential consultation.
What is a Drowning Accident?
A drowning accident occurs when an individual’s airway becomes submerged in water or another liquid, leading to oxygen deprivation. Even a few minutes without oxygen can result in severe brain damage, permanent disability, or death.
There are two general types of drowning:
- Fatal Drowning – When the victim dies as a result of asphyxia or cardiac arrest caused by submersion.
- Non-Fatal Drowning (Near-Drowning) – When the victim survives but suffers lasting harm such as brain injury, lung damage, or cognitive impairment.
While drowning can be accidental, many cases occur due to negligence, such as inadequate supervision, lack of safety barriers, or failure to maintain a swimming area. In those instances, victims or their families may have a legal claim against the responsible party.
Common Causes of Drowning Accidents
Drowning can happen in seconds — silently and unexpectedly. Understanding how and why these accidents occur is key to preventing them and identifying who may be at fault.
Common causes include:
Lack of Supervision
Children are especially vulnerable around water. If a lifeguard, daycare worker, camp counselor, or other responsible adult fails to properly supervise swimmers, they may be held liable for negligence.
Defective Pool Equipment
Malfunctioning pool drains, broken ladders, or faulty diving boards can lead to drowning or other serious injuries. In these cases, the pool owner or manufacturer of defective equipment could be held responsible.
Unsafe Property Conditions
Property owners must maintain safe environments. Failing to install proper fencing, gates, or warning signs around pools or water features can lead to tragic outcomes.
Boating Accidents
Many drownings occur on boats or watercraft due to operator inexperience, intoxication, lack of life jackets, or capsizing. Boat owners and operators may face liability for negligence on the water.
Intoxication
Alcohol and drugs significantly impair coordination and judgment, increasing drowning risk. Property owners or event hosts who overserve guests or fail to ensure a safe environment may share in the blame.
Improper Lifeguard Training
Public and private pool operators are required to ensure their lifeguards are properly trained and certified. If a lifeguard fails to act quickly or follow safety protocols, the facility could be held liable.
Where Do Drowning Accidents Happen?
Drowning can occur virtually anywhere water is present. However, certain locations see higher rates of incidents due to frequent use or inadequate safety measures.
Common drowning locations include:
- Public and private swimming pools
- Hotel and apartment complex pools
- Lakes, rivers, and ponds
- Water parks and splash pads
- Bathtubs and hot tubs
- Boats and recreational watercraft
Whether a drowning occurs on private property or a public facility, determining who owns, operates, or controls the area is essential in identifying liability.
Liability for a Drowning Accident
To recover compensation in a drowning accident claim, your Springfield drowning accident attorney must prove that another party’s negligence, carelessness, or wrongful act directly caused the incident.
Potentially Liable Parties
- Property Owners: May be liable under Illinois premises liability laws if they failed to maintain safe conditions or warn of hazards.
- Lifeguards or Pool Staff: Can be held responsible for failure to supervise or properly respond in an emergency.
- Schools, Camps, or Daycares: Institutions responsible for supervising children must ensure proper safety measures and staff training.
- Product Manufacturers: If defective equipment contributed to the drowning, the manufacturer or distributor may be liable.
- Boat Operators: Must follow boating laws and exercise reasonable care to prevent accidents.
Proving Negligence
A successful claim typically requires demonstrating:
- The defendant owed a duty of care to the victim.
- The defendant breached that duty through negligence or misconduct.
- The breach caused the drowning or resulting injuries.
- The victim suffered damages, such as medical costs, lost income, or wrongful death.
An experienced attorney from Haxel Law can investigate the incident, collect evidence, interview witnesses, and work with experts to build a strong case on your behalf.
Contact a Springfield Drowning Accident Lawyer Today
If you or a loved one has been affected by a drowning accident in Springfield or anywhere in Illinois, you don’t have to face the aftermath alone. The compassionate and experienced legal team at Haxel Law is here to help you pursue justice and financial recovery.
Call (217) 215-4166 now to speak directly with our team and start your path toward resolution.
Frequently Asked Questions
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How Much Is My PI Claim Worth?
Determining the value of your claim can be complex. It can be easy to overlook many types of compensation available to you, especially without an in-depth understanding of Illinois law. Seeking legal representation is essential to identify liable parties and calculate the total damages in your claim.
While pinpointing the exact value of your claim requires a thorough case evaluation from our attorneys, you should know that you are entitled to compensation for all losses incurred in the accident, including future costs resulting from your injuries. Our firm can negotiate effectively on your behalf to pursue the full compensation available to you.
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How Long Will It Take to Resolve My Claim?
It depends. The timeframe for settling a personal injury claim will vary based on unique factors, such as whether the insurance company is willing to make a fair offer, any potential liability disputes, and whether your case goes to trial. Many claims are settled out of court, but others can take more time to resolve. However, taking longer to settle isn’t necessarily a bad thing.
While preparing for potential litigation may extend the duration of your case, it can also mean the difference between recovering maximum compensation and walking away with much less than you deserve. Our attorneys are familiar with insurance companies to pursue the fastest path to resolution without compromising the just settlement you need to focus on your recovery.
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Should I Talk to the Insurance Adjuster?After an accident, you should avoid discussing the incident with any insurance representative without your lawyer present. Having your attorney speak directly with the insurance adjuster on your behalf is typically best to protect your rights. If you do end up talking with the insurance adjuster, you only need to provide basic information, such as your name, address, and so on. Don’t share any information that may be used against you, such as apologizing or admitting fault.
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Should I Accept the Insurance Company’s First Offer?
Insurance companies have a reputation for evading fair payouts by pushing quick settlements and lowball offers. This is because the majority of insurers are focused on protecting their bottom line at any cost, even when it means robbing victims of the full compensation they need for medical expenses, future treatment, and other costs.
While every case is different, it’s typically best to avoid accepting the insurer’s first settlement offer. Our attorneys can negotiate a fair settlement while protecting your rights in and out of the courtroom. We have a reputation for providing compassionate counsel in life’s toughest seasons, empowering you to get back on your feet after a serious accident.
Compensation Available in a Drowning Accident Claim
Victims or their families may be entitled to various forms of compensation, depending on the nature and outcome of the accident. These can include:
- Medical expenses for emergency care, hospitalization, and rehabilitation
- Lost wages and future earning potential
- Pain and suffering
- Emotional distress
- Funeral and burial expenses (in fatal cases)
- Loss of companionship or parental guidance
Every case is unique. The amount of compensation available will depend on the circumstances, the severity of the injuries, and the level of negligence involved.
Drowning Accident Claim FAQs
What should I do after a drowning accident in Springfield?
Call 911 immediately and ensure the victim receives emergency care. Then, document the scene, gather witness information, and contact a qualified Springfield drowning accident lawyer before speaking with insurance companies.
How long do I have to file a claim in Illinois?
Under Illinois law, most personal injury and wrongful death claims must be filed within two years of the accident. However, exceptions can apply, especially when minors are involved.
What if my loved one drowned on public property?
If the incident occurred at a government-run pool or park, you may need to follow special procedures under the Illinois Tort Immunity Act, which includes shorter filing deadlines. An attorney can guide you through this complex process.
Do I need a lawyer for a drowning claim?
Yes. Drowning cases often involve complex liability issues and significant damages. A skilled lawyer can protect your rights, handle investigations, negotiate with insurers, and pursue full compensation in court if necessary.
Hear From Our Happy Clients
At Haxel Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"I will definitely use Haxel Law again!"I’m so grateful for the legal assistance I received from Haxel Law. Martin is extremely knowledgeable and guided me throughout the process. I recommend Martin Haxel. He’s no nonsense and gets the job done. If needed I will definitely use Haxel Law again.- Sally B.
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"Thank you, Martin."When I got injured, I knew I was going to be out of work. I knew I was going to be struggling with my family. I was really worried about the direction my life had turned towards. If I hadn't contacted Martin Haxel. I would still be fighting to get what I deserved. What was owed to me. Mr. Haxel however, stayed with me. He told me the truth. He didn't lie, or manipulate anything. He was honest and informative. He was the hope I didn't have at that time. He struggled with me to get all of it resolved. He did it with integrity, honesty, and a sincere understanding of what I was going through. To anyone considering having Mr. Haxel represent them in similar situations...I would say, you couldn't pick a better person. He's a great lawyer. He does great work. He's a nice person with a lot of experience in this field. If there's anyone you can turn to when no one will listen or even attempt to help you do what is right...Mr. Haxel is the one. I can't say enough good things about him. Now that my case is settled thanks to his work, I'm going to miss having someone having my back. He's a good man and I hope he feels good about what he's done when he lays down to sleep and reflects on his days, weeks, months, and years. People like him, give people hope, and faith that there are good people still roaming around this crazy thing called life. Martin, thank you. You're a beast.- Chris Y.
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"Highly Recommend"Attorney Martin Haxel fought long and hard for a fair and just settlement. I recommend Haxel Law for your Work Comp case.- Karyn S.
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"No One Better"I was referred to Martin by my original attorney. My original attorney didn't want to spend the time and money to represent me because my case was going to be difficult, time-consuming, and against the City of Champaign. I am so glad that Martin was willing to take my case and see it through. If you have a "hidden injury" like me or even an obvious injury Martin will handle it very professionally and give it the attention that you deserve.- John M.
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"What a great experience!"I strongly recommend Haxel Law Firm to everyone. In fact, he has now taken on my fiance as a client. Thanks Marty for what you did for me!- David S.
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"Made Everything Easy for Me"His assistant was very pleasant and helpful as well. If he wasn't available when I called and left a message he was always prompt to respond to my messages and emails. I would highly recommend him to anyone who can use his skills!- David N.
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"Martin Truly Cares About You"I had a life-changing experience 4 years ago. Mr Haxel continually worked with the insurance company to settle the workman comp claim. Mr. Haxel was always available to call if you had any concerns and was always willing to listen to you.- Marvin S.
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"Marty was great to work with!"He kept in communication and made the process as stress-free as possible. Hopefully I never need a personal injury attorney again, but if I do, I wouldn't hesitate to hire Marty.- Kristi D.
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"Very Positive Experience Representing My Daughter"Very responsive and patient answering all my questions. I hope to never be in a situation of needing a lawyer again, but if I did, I would 100% contact Martin again.- Jim P.